| The notarial system is an important legal system universally used all over the world. In the recent years, a series of issues upon notarial litigation has brought on warm controversies in the legal theoretical profession, among which there are basically two opinions, civil litigation and administrative litigation.On August 28 2005, the Notarization Law of the People's Republic of China was approved by the Standing Committee of the National People's Congress and was implemented formally on March 1, 2006, which has been an exciting great event to the notarial industry. However, the Notarization Law has not handled all the problems currently encountered by the notarial industry. The litigious mode for the notarization is included among them. Article 43 of the Notarization Law attempts to use the civil litigation of the parties and the interested persons instead of inspection on legitimacy of notarial acts so that notarial acts seem to become non-litigious acts. The legislative deficiency accelerates the discussions upon the litigious mode for notarial acts within the notarial profession. Therefore, the theoretical exploration for the litigious mode of notarial acts is fairly significant for the practice of notarization and also becomes the purpose for this thesis.The thesis will focus on some issues such as notarial organs, the notarial acts and notarial compensation, the legal effect of notarial acts and rights and obligations of the parties and interested persons of notarization, will compare the different characters of two litigious modes, bring forward personal opinions on the existing points of view and consequently make the conclusion, that is, the litigious mode for notarial acts adapting to the current national situation of our country should be the litigious mode combining the civil litigation mode, which will be the main pattern for the majority of areas, with the administrative litigation mode for the minority of the underdeveloped areas. |
